Bankruptcy: What Happens & What Are The Actual Implications

Venue: The Millennium Biltmore Hotel, Los Angeles, California

Randy Orlik will lead the discussion for this session on Bankruptcy.   The session will cover a range of topics inculding:

  • Is Bankruptcy Necessary? Does it Achieve the Desired Result? 
  • What is the Purpose of a Bankruptcy? 
  • Options for Improving your Position Within the Capital Stack During Bankruptcy 
  • Pre-packaged Bankruptcy in the Context of Real Estate 
  • Tranche Warfare and the Role of Mezz and Equity 
  • Entity-Level Bankruptcies and Cross-Collateral Issues
  • Issues Arising When Emergence from Bankruptcy 
  • Financial Restructuring vs. Liquidation: Deciding Which way to go?
  • When does Equity Lose Control? 
  • Foreclosure Issues 
  • Operating During Bankruptcy 
  • Can the Borrower and Secured Lender Agree to use Bankruptcy as a Tool to Effectuate an Orderly Liquidation? 
  • State Law Considerations 
  • Market for DIP & Other Bankruptcy/Post-Bankruptcy Finance 
  • Carveouts 
  • Debtor's Tax Implications Arising from Foreclosure, a Discounted Payoff, Workout or Purchase of its own Debt 
  • Utilizing Bad Boy Clauses

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